In resolving a choice of laws issue, rather than utilizing the fine tools of the 1st Restatement of Conflicts, Interest Analysis, or the 2nd Restatment, I propose this, the Realistic Approach for judges to apply:

  1. Identify the conflicting laws.
  2. Decide which state’s law you would like to use.
  3. Justify it (using any number of factors, contacts, and interests).

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